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13. Alternatively and assuming without admitting that Section 24 of the Code of Civil Procedure, 1908 applies, Mr. Kumbhakoni submits that the proceedings from the Original Side of this Court, namely, Arbitration Petition No. 1158 of 2012 should be transferred to the District Court, Thane in exercise of these powers by me. In the further alternative, Mr. Kumbhakoni submits that the present Petition should not be treated as one filed under Section 24 of the Code of Civil Procedure, 1908 but, this Court in exercise of its inherent powers should consolidate both applications so as to avoid conflicting Judgments and Orders and simultaneous trial. Mr. Kumbhakoni submits that in this case, the Civil Court can decide the question of jurisdiction by considering the subject matter of the arbitration and as if the same is a subject matter of a civil suit. If that test is applied, it is only the District Court at Thane which can be approached to challenge the Award. Mr. 8 of 25 J.mca.162.12.doc Kumbhakoni submits that his concession in the alternative is on the footing that only the procedural provisions of the Code of Civil Procedure are applicable. Mr. Kumbhakoni also relies upon Section 15 of the Code of Civil Procedure and submits that the Court at Thane is the lowest in terms of that provision and in such circumstances, the proceedings before the District Court need not be transferred.

20. Thus, whether under the old Act or new Act the terms "Court" is defined to mean a Civil Court. The Applications under Section 34 of the Arbitration and Conciliation Act, 1996 are "proceedings" before a Civil Court. They are instituted, as in this 16 of 25 J.mca.162.12.doc case, in a Court subordinate to this Court. It is not disputed that the Applications before the Thane District Court, which are filed by the Respondents, are on the footing that according to them that is a Court within the meaning of Section 2(e) of the Arbitration and Conciliation Act, 1996. If that is the case, then, Section 24 of the Code of Civil Procedure, 1908 is fully applicable in this case. This Court can transfer the Applications pending before the District Court, Thane provided it is satisfied that a simultaneous trial will result in conflicting orders and equally parties would be inconvenienced if they have to proceed and argue more or less similar issues twice over.

32. In the light of the above conclusion, the argument that this Court can only direct consolidation of both Petitions without passing any order with regard to their transfer, need not be considered in this case. Apart therefrom, once I find that the Respondents have no objection to consolidation of the proceedings so as to avoid conflicting decisions or simultaneous trial/hearing, then, all the more, the powers to transfer needs to be exercised in this case. It is undisputed that the parties are common to both matters. In both matters the same Award is under scrutiny. In such circumstances, the argument that both Petitions need to be consolidated but before the District Court at Thane cannot be accepted. That would mean two Courts render decisions and more or less on the same issue and may be at the same time. The arbitration petition filed by the Petitioners in this Court is already placed before the Single Judge of this Court and is now adjourned.